Desperation Notwithstanding, Paul Martin has lost it (again) ...
Now he wants to change the Constitution by rescinding Section 33 of the Charter of Rights and Freedoms - which was proposed at the time of the protracted negotiations between Pierre Trudeau and the Premiers of the Provinces prior to repatriation, because there were still Tories and Social Democrats in Canada who believed in Parliamentary Supremacy ... aka "Democracy."
The Clause was seen as a compromise between those for, and those against an entrenched Charter of Rights. Those that believed in the supremacy of parliament were very distrustful of entrenching American-style "rights" into Canadian Law, because it would very likely lead to rule by judiciary - which is what has generally happened. As well, there was a real fear that MPs would refuse to deal with contentious issues, in the hope that the Courts would settle the issue - thereby handing legislative power to the High Court. Again, this is what has happened. The Charter has essentially abrogated democracy in this Nation.
Section 33 is critically important, and central, to not only the idea of parliamentary government, but to the idea of Canada as well. Remember people, this nation was founded by those who rejected the American Revolution - and rejected the idea of abstract rights and theories as they felt that such things would be precursors to instability, discord and disharmony.
If, in a moment of rash trendiness, the Courts read a new "right" into Canadian Law, the "notwithstanding clause" is the only means of overriding the "right" until such time as parliament, public opinion, and sober second thought can come to terms with it - or democratically rescind the "right" if the Communities (Commons) feels that the Judiciary has gone too far in establishing such a right. It is a communal check on the power of the Courts to act as the final legislator of Canadian Law. It is a check against radicalism.
Section 33 ensures that the will of people can be heard (via the Commons) and that numerical minorities cannot rule over the numerical majority. It balances the rule of the majority and the rule of the minority, so that we have laws that are moderate, and established in accordance with the common values of the people in this Dominion.
So, Martin wants to eradicate this important check on the rule of the judiciary.
I guess he is not a very good democrat after-all ...
Does he really believe the nonsense that he spews?
Does he have any conception of Canada other than that of "America-Lite?"
I guess if you consider who his Father was, then you have your answer.
He is a demagogue of the first order.
Speaking first, thinking later.
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